Overview
The Family Educational Rights and Privacy Act (FERPA) of 1974, also known as the Buckley Amendment, helps protect the privacy of student records. The Act provides for:
- the right to inspect and review education records
- the right to seek to amend those records
- the right to consent the disclosure of information from the records
- the right to obtain a copy of the school’s Student Records policy
The Act applies to all institutions that are the recipients of federal funding. Students who are currently enrolled in higher education institutions or formerly enrolled regardless of their age or status in regard to parental dependency are protected. Deceased students are protected under FERPA as long as they were formerly enrolled. Students who have applied but did not attend an institution are not protected.
- The student and any outside party who has the student’s written consent
- School officials who have “legitimate educational interest” as defined in FERPA
- Parents of a dependent student as defined by the Internal Revenue Code
- A judicial order or subpoena which allows the institution to release records without the student’s consent, however, a “reasonable effort” must be made to notify the student before complying with the order
Bradley University is allowed to release the following directory information on any student, unless the student signs a request to limit its release:
- Student’s full legal name
- Photograph
- Local, permanent address and e-mail
- Telephone listing
- Parent name and address (for news releases only)
- Major field of study
- Dates of attendance
- Class and full-time/part-time status
- Approved candidacy for graduation
- Degrees and awards received
- Most recent educational institution attended
- Participation in officially recognized activities and sports
- Weight and heights of athletic team members
- Birth date (will be validated only when furnished by the person making inquiry, for positive identification of the student)
In order to prevent the publication of any personal data in the Student Directory, a signed “stop of release” must be filed in the Registrar’s Office (forms available there). The Registrar will accept a request to stop release for other off-campus uses at any time the student signs such a request in the Registrar’s Office. The stop of release will remain in effect until the Registrar’s Office is notified. Notification to remove the stop of release must be made in person or in writing by the student, and notarized. In person requests will be asked to provide a photo ID.
When a student reaches the age of 18 or begins attending a post-secondary institution, regardless of age, FERPA rights transfer from the parent to the student. Parents must obtain a signed consent Permission to Discuss Education Record Information form from their child to receive non-directory information. The completed and student signed form should be kept in the student’s file within the appropriate unit in which the student’s education record was discussed.
The public posting of grades by the student’s name, ID number or social security number without the student’s written permission is a violation of FERPA. This includes the posting of grades for students taking distance education courses.
Instructors and others who post grades should use a system that ensures that FERPA requirements are met. This can be accomplished either by obtaining the student’s written permission or by using code words or randomly assigned numbers that only the instructor and individual student should know.
Notification of grades via a postcard violates a student’s privacy rights.
Notification of grades via e-mail is not recommended. There is minimal guarantee of confidentiality on e-mail. The institution would be held responsible if an unauthorized third party gained access, in any manner, to a student’s educational record through any electronic transmission method.
When in Doubt, Don’t Give it Out
Please contact the Registar’s Office if you have further questions or concerns.
Annual Notification
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records.
- Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student’s education records that the student believes is inaccurate.
Students may ask the University to amend a record that they believe is inaccurate. They should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate.
If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing. - The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the University may disclose education records without consent to officials of another school in which a student seeks or intends to enroll. - The right to file a complaint with the U.S. Department of Education concerning alleged failures by Bradley University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
Bradley University agrees with the intent of the Family Educational Rights and Privacy Act of 1974, and has set forth the procedures for compliance with it.
- The procedures of compliance with the Act will be published in the Schedule of Classes and in the Student Handbook.
- A complete and detailed inventory of educational records maintained by campus offices is on file in the Registrar’s Office. The inventory is open to inspection by students upon signed request.
- The following data is considered by Bradley University to be “directory information” and will be released on any student, unless the student signs a request to limit release:
- Student’s full legal name
- Photograph
- Local, permanent address and e-mail
- Telephone listing
- Parent name and address (for news releases only)
- Major field of study
- Dates of attendance
- Class and full-time/part-time status
- Approved candidacy for graduation
- Degrees and awards received
- Most recent educational institution attended
- Participation in officially recognized activities and sports
- Weight and heights of athletic team members
- Birth date (will be validated only when furnished by the inquirer for positive identity of the student)
In order to prevent the printing of any personal data in the Student Directory, a signed “stop of release” must be filed in the Registrar’s Office (forms available there). The Registrar will accept a request to stop release for other off-campus uses at any time the student signs such a request in the Registrar’s Office. The stop of release will remain in effect until the Registrar’s Office is notified. Notification to remove the stop of release must be made in person or in writing by the student, and notarized. In person requests will be asked to provide a photo ID.
As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records—including your Social Security Number, grades, or other private information—may be accessed without your consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and private information without your consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to your education records and private information without your consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your personally identifiable or private information, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent private information from your education records, and they may track your participation in education and other programs by linking such personally identifiable and private information to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.
Release of Information to Parents of Students
The Family Rights and Privacy Act of 1974 as amended was designed to guarantee the privacy of students’ educational records. As the custodian of these records, Bradley University subscribes to the intent of the law, and procedures have been established to comply with it.
One of the stipulations set forth in the Act deals with the release of student information to their parents. While a student is in secondary school, the parents of that student generally have access to information about their child. When a child reaches the age of 18 or begins attending a college or university, the rights previously accorded to the parents pass to the student.
- Through the written consent of the student. A release form may be obtained from the Office of the Registrar and requires the signature of the student. This is a one-time release only.
- In compliance with a subpoena, and
- By submission of evidence that the parent(s) declared the student as a dependent on their most recent federal income tax form and at the discretion of the institution.
The University may release information to the parents of a student, without the student’s written consent, only if the student is a dependent as defined in Section 152 of the Internal Revenue Code of 1954, and the Tax Reform Act of 1976.
Records may be released to parents only if one of the following conditions has been met:
Parents may submit a copy of the first page of a parent’s latest federal income tax statement which shows that the requesting parent has indeed claimed the child/student as a dependent on the most recent tax return. Only the front page of the return is needed and the parent(s) may feel free to delete the actual financial information. In the alternative, and where the parents are divorced, we will accept a copy of a court decree (or a Settlement Agreement incorporated into the court decree) which gives one party or the other the right to claim a certain child as a dependent for income tax purposes.
The key under the law is that the child be claimed as a dependent and not that a parent is assisting in the costs of education of the child.
The Act also states that an educational institution shall give full rights under the Act to either parent, unless the institution has been provided evidence that there is a court order, State Statute, or legally binding document governing such matters as divorce, separation or custody, that specifically revokes these rights. [Authority: 20 U. S. C 1232g]
The University will notify the student that their parent(s) have complied with one of the above procedures and that they may have access to the records of their dependent child.
Solomon Amendment
Effective October 23, 1998, all Colleges and Universities are required to comply with the final regulations of the Solomon Amendment. Failure to comply may result in the loss of federal funding including various forms of federal student aid. The purpose of this document is to explain the procedures at Bradley University regarding compliance with the Solomon Amendment.
The Solomon Amendment supercedes FERPA. Solomon is based on the definition of “Student Recruitment Information.”
- Name
- Address (local, permanent)
- Electronic Mail Address
- Telephone number (local, permanent)
- Age
- Major
- Class Level (e.g. First-Year, Sophomore)
- Degree awarded
Information released is limited to the current semester or the previous semester. If the request is received between semesters, the requestor must specify previous semester or upcoming semester.
Students must be enrolled.
FERPA Tutorial
Family Educational Rights and Privacy Act of 1974 (34CFR99), also known as the Buckley Amendment, protects the privacy of student records. The Act applies to all institutions that are the recipients of federal funding. What are the rights given to students?
- The right to see the information that the institution is keeping on the student
- The right to request corrections to their records if they believe the content is inaccurate, misleading, or a violation of their privacy rights.
- The right to consent to disclosure of his/her records
- The right to file a complaint with the FERPA Office in Washington
- Students who are currently enrolled in higher education institutions regardless of their age or parental dependency status.
- Students who applied but have not attended an institution are not protected.
- Former students.
- “Education records” are those records which are directly related to a student and maintained by the institution or by a party acting for the institution.”Education records” do not include files made by and kept in the sole possession of the maker which are not accessible to any other person.
- Just about any information provided by a student to the university for use in the educational process is considered a student educational record.
- personal information
- enrollment records
- grades
- schedules
- The storage media in which you find this information does not matter. The same principles of confidentiality must be applied to electronic data as apply to paper documents. Student educational records may be:
- a document in the Registrar’s Office
- a computer printout in your office
- a class list on your desktop
- a computer display screen
- notes you have taken during an advisement session
- With certain exceptions, a student has rights to those records which are directly related to him/her and which are maintained by an educational institution or party authorized to keep records for the institution.
- Letters of recommendation placed in files prior to January 1, 1975, which were intended to be confidential and used only for the purpose for which they were prepared.
- Records of parent’s financial status.
- Medical and psychological records. Medical and psychological records are not available to anyone other than those providing treatment, but can be reviewed by a physician or licensed professional of the student-patient’s choice.
- Some items of academic record under certain conditions. Certain documents may carry waivers, signed by the student, relinquishing the student’s rights of access to the document.
Student records are open to members of the currently employed University faculty and staff who have a legitimate need to know their contents, with the following provisions/restrictions:
- The University faculty or staff member must be performing a task that is specified in his or her position description or by a contract agreement, OR performing a task related to the student’s education, OR providing a service or benefit relating to the student such as health care, counseling, job placement or financial aid.
- The determination of a “legitimate need to know” will be made by the person responsible for the maintenance of the record. This determination must be made scrupulously and with respect for the individual whose record is involved.
- Student educational records are considered confidential and may not be released without the written consent of the student.
- As a faculty or staff member you have a responsibility to protect educational records in your possession.
- Some information is considered public (sometimes called “Directory Information”). This information can be released without the student’s written permission. However, the student may opt to consider this information confidential as well.
- You have access to information only for legitimate use in completion of your responsibilities as a university employee. Need to know is the basic principle.
- If you are ever in doubt, do not release any information until you talk to the office responsible for student records. Call Andreas Kindler, Registrar at (309) 677-3098, or refer the request to that office.
Directory information is defined by each institution using guidelines established by FERPA. Bradley University has defined the following as directory information:
- Student’s full legal name
- Photograph
- Local, permanent address and e-mail
- Telephone listing
- Parent name and address (for news releases only)
- Major field of study
- Dates of attendance
- Class and full-time/part-time status
- Approved candidacy for graduation
- Degrees and awards received
- Most recent educational institution attended
- Participation in officially recognized activities and sports
- Weight and heights of athletic team members
- Birth date (will be validated only when furnished by the inquirer for positive identity of the student)
Institutions may disclose directory information on a student without the student’s prior consent unless the student has signed a request to limit its release.
To avoid violations of FERPA rules, DO NOT:
- At any time use the Social Security Number or ID number of a student in a public posting of grades
- Never link the name of a student with that student’s Social Security Number or ID number in any public manner
- Leave graded tests in a stack for students to pick up by sorting through the papers of all students
- Circulate a printed class list with students name and ID number or grades as an attendance roster
- Discuss the progress of any student with anyone other than the student (including parents) without the written consent of the student
- Provide anyone with lists of students enrolled in your classes for any commercial purpose
- Provide anyone with student schedules or assist anyone other than university employees in finding a student on campus
